SRC-AXB C.S.S.B. 129 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 129
76R14472  SMH-FBy: Brown
State Affairs
5/9/1999
Committee Report (Substituted)


DIGEST 

Currently, it is estimated that one-third of practicing geologists in the
United States reside or claim residence in Texas.  Despite this fact, while
26 other states and Puerto Rico have recognized the need to regulate the
public practice of geoscience, Texas has yet to pass similar legislation.
Geoscientists undertake responsibilities that directly impact the
environment as well as public health and safety through the construction of
dams, highways, apartments, commercial developments, and petroleum
industry-related projects.  Topics which involved geologists' skills  were
responsible for over 200 bills introduced to the 73rd Legislature.
C.S.S.B. 129 creates the Texas Board of Professional Geoscientist, which
has the responsibility of administering licenses, certificates, seals, and
generally regulating the public practice of geosciences. 

PURPOSE

As proposed, C.S.S.B. 129 creates the Texas Board of Professional
Geoscientists, which has the responsibility of administering licenses,
certificates, seals, and generally regulating the public practice of
geosciences. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Professional
Geoscientists in SECTION 1 (Sections 1.04(j), 2.09, 4.01, 4.03(a), 4.05(a)
and (b), 4.06, 6.08(a), 6.13(a) and (b), 6.15, 7.01(c), 8.01(b), 10.03(a),
Texas Geoscience Practice Act), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  ADOPTION OF TEXAS GEOSCIENTIST PRACTICE ACT.  Adopts the Texas
Geoscientist Practice Act, as follows: 

 Sec. 1.01.  SHORT TITLE:  Geoscience Practice Act.

Sec.  1.02.  DEFINITIONS.  Defines "board," "certified geoscientist,"
"geoscience," "geoscientist," "geoscientist-in-training," "licensed
geoscientist," "performance before the public," "public practice of
geosciences," and "responsible charge." 


Sec. 1.03.  APPLICATION OF SUNSET ACT.  Provides that the Texas Board of
Professional Geoscientists (board) is subject to Chapter 325, Government
Code.  Provides that this Act expires September 1, 2011. 

Sec.  1.04.  APPLICATION OF ACT.  Defines "licensed engineer," "practice of
engineering," and "professional surveying."  Provides that this Act does
not authorize professional surveying by a licensed geoscientist.  Provides
that this Act does not require a licensed engineer to work under a
geoscientist's supervision.  Subjects certain matters to the Texas
Engineering Practice Act.  Sets forth provisions for a licensed
geoscientist to perform certain engineering duties.  Sets forth provisions
regarding an environmental and pollution remediation project.  Sets forth
provisions regarding a geoscientific investigation of geological conditions
affecting an engineered work.  Requires the board and the Texas Board of
Professional Engineers, by rule, to jointly resolve conflicts. 
 
SUBCHAPTER B.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Sec.  2.01.  BOARD MEMBERSHIP.  Requires the board to administer this Act.
Provides that the board is composed of nine members appointed by the
governor with the senate's advice and consent.  Sets forth provisions
regarding specific appointment requirements.  Sets forth standard language
regarding board appointments. 

Sec.  2.02.  MEMBER ELIGIBILITY.  Sets forth board membership requirements.
Adds standard language developed by the Sunset Advisory Commission
regarding board membership ineligibility.   

Sec.  2.03.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  Defines "society or
trade association."  Adds standard language developed by the Sunset
Advisory Commission regarding membership and employee restrictions.   

Sec.  2.04.  TERMS.  Sets forth terms of board appointment and prohibits a
member from serving two consecutive full terms. 

Sec.  2.05.  GROUNDS FOR REMOVAL.  Sets forth provisions for revoking board
membership.  Provides that the validity of board action is not affected by
grounds for removal of a board member.  Sets forth provisions regarding
suspected or potential grounds for removal of a board member. 

Sec.  2.06.  REIMBURSEMENT FOR TRAVEL EXPENSES.  Entitles a board member to
certain reimbursements as provided by the General Appropriations Act. 

Sec.  2.07.  OFFICERS.  Requires the board to elect certain officers
biennially, and prohibits a member from holding a position for more than
two consecutive two-year periods.  Sets forth provisions for removal of an
officer.  Authorizes the board to appoint certain non-board member
assistants. 

 Sec.  2.08.  OFFICE.  Requires the board to maintain its office in Austin.

Sec.  2.09.  MEETINGS.  Requires the board to hold two or more regular
meetings in each calendar year.  Authorizes the board, by rule, to hold a
special meeting.   
 
Sec.  2.10.  TRAINING.  Adds standard language developed by the Sunset
Advisory Commission regarding training program requirements for board
members.   

SUBCHAPTER C.  EXECUTIVE DIRECTOR AND PERSONNEL

Sec.  3.01.  EXECUTIVE DIRECTOR.  Requires the board to appoint an
executive director and sets forth responsibilities of the executive
director.   

Sec.  3.02.  RECEIPTS AND DISBURSEMENTS; ACCOUNT.  Requires the executive
director to account for all money received under this Act and transfer
those funds to the comptroller.  Requires  a special fund called the
"professional geoscientists' fund account" to be created for all funds paid
to the board.  Requires the account to be maintained in accordance with the
accounting procedures of the comptroller.  Sets forth account spending
limitations.  Sets forth requirements for the executive director regarding
the administration of the account. 

Sec.  3.03.  SEPARATION OF RESPONSIBILITIES.  Requires the board to develop
and implement policies that clearly separate the policymaking and
management responsibilities of the board, executive director, and staff. 

Sec.  3.04.  QUALIFICATIONS AND STANDARDS OF CONDUCT.  Requires the
executive director or the designee to provide board members and employees
with information  regarding requirements for office or employment,
including information regarding an individual's responsibilities regarding
standards of conduct for state officers or employees. 

Sec.  3.05.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. Requires the
executive director or designee to develop an intra-agency career ladder
program that addresses opportunities for advancement.  Require the program
to require intra-agency posting of all positions concurrently with any
public posting.  Requires the executive director or designee to develop a
system of performance evaluations based on documented performance.
Requires all decisions regarding merit pay to be based on that system. 

Sec.  3.06.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  Adds standard language
developed by the Sunset Advisory Commission regarding equal employment
opportunity policies. 

SUBCHAPTER D.  BOARD POWERS AND DUTIES

Sec.  4.01.  GENERAL RULEMAKING AUTHORITY.  Authorizes the board to adopt
and enforce rules. 

 Sec.  4.02.  FEES.  Authorizes the board to set fees for applicants and
license holders. 

Sec.  4.03.  CODE OF PROFESSIONAL CONDUCT.  Requires the board, by rule, to
develop a code of professional conduct that is binding on all license
holders.  Authorizes the board to impose sanctions to enforce the code. 

Sec.  4.04.  ENFORCEMENT.  Requires the board to enforce this Act.
Authorizes any board member to present a complaint relating to a violation
of this Act.  Authorizes the board to assist in the trial of a case
involving the violation of this Act.  Authorizes the board to administer
oaths and affirmations and issue subpoenas to compel witness attendance and
the production of evidence.  Requires the attorney general to act as a
legal advisor to the board and to render necessary legal assistance. 

Sec.  4.05.  RECOGNITION OF USE OF DESIGNATIONS.  Authorizes the board, by
rule, to recognize the use of designations used by certain entities that
maintain a geoscientist certification program, under certain conditions.
Requires the board, by rule, to recognize certain titles. 

Sec.  4.06.  ESTABLISHMENT OF DISCIPLINES.  Requires the board, by rule, to
establish the criteria and appropriate requirements for licensure in
certain disciplines 

Sec.  4.07.  AGREEMENTS TO DEVELOP UNIFORM STANDARDS.  Authorizes the board
to enter into agreements with certain entities to develop uniform standards
for certain issues. 

Sec.  4.08.  AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES.  Authorizes the
board to take certain actions in connection with the administration of this
Act. 

Sec.  4.09.  ROSTER OF LICENSE HOLDERS.  Requires the board to maintain
copies of a roster of each licensed geoscientist, and to provide the roster
to certain entities, upon request. 

Sec.  4.10.  LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE REQUIREMENTS AND
WITH WHICH RECIPROCITY AGREEMENT EXISTS. Requires the board to maintain a
list of certain entities which maintain comparable requirements to those
established in Texas and with which a reciprocity agreement exists. 

SUBCHAPTER E.  PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec.  5.01.  PUBLIC INTEREST INFORMATION.  Requires the board to take
certain  actions. 

Sec.  5.02.  COMPLAINTS.  Authorizes a person to bring a complaint alleging
a violation of this Act, and sets forth requirements for the complaint.
Requires the board to maintain a file on each filed complaint.  Requires
the board to provide the complainant with certain documents.  Requires the
board to investigate all complaints.  Requires the board to follow a
certain procedure regarding notification to the complainant. 

Sec.  5.03.  PUBLIC PARTICIPATION.  Requires the board to develop and
implement policies that provide the public with a reasonable opportunity to
appear before the board and to speak on any issue under the board's
jurisdiction. 

SUBCHAPTER F.  LICENSE REQUIREMENTS

Sec.  6.01.  LICENSE REQUIRED.  Prohibits a person from engaging in the
public practice of geosciences without a license.  Sets forth prohibitions
for a non-licensed person.  Prohibits a person from taking responsible
charge of certain required reports based on geoscientific study or data
unless the person is licensed. 

 Sec.  6.02.  EXEMPTIONS.  Sets forth activities which do not require a
license. 

Sec.  6.03.  LICENSE APPLICATION.  Requires an applicant for a temporary or
reciprocal license to apply on a board prescribed form that is signed and
sworn before a notary public. Requires the application to be accompanied by
a fee and include certain information.   

Sec.  6.04.  EXAMINATIONS.  Authorizes the board to prepare, administer,
and grade oral and written examinations required or permitted by this Act.
Authorizes the board to adopt or recognize certain examinations that it
determines appropriate to measure the qualifications of an applicant for a
geoscientist license, under certain conditions. 

Sec.  6.05.  LICENSE ELIGIBILITY.  Sets forth eligibility requirements for
a geoscientist license applicant. 

Sec.  6.06.  QUALIFYING EXPERIENCE.  Requires the board to apply certain
standards in the process of evaluating the experience of a geoscientist
license applicant. 

Sec.  6.07.  GRADUATE STUDY, RESEARCH, AND TEACHING EXPERIENCE.  Details
circumstances wherein graduate study, research, and teaching experience
qualify as one year of professional experience. 

Sec.  6.08.  RECIPROCAL LICENSE.  Requires the board, by rule, to authorize
the licensure of a person without examination who has certification in a
territory outside of Texas. Authorizes the board to issue a license to an
applicant who provides proof of licensure or registration under
requirements that the board determines to be substantially similar to those
established by this Act. 

Sec.  6.09.  TEMPORARY LICENSE.  Authorizes the board to issue a temporary
to a person who meets certain qualifications.  Sets forth requirements for
a temporary license applicant. Provides that a temporary license expires
within 90 days of issuance.  Provides that a temporary license issued to a
reciprocal license applicant expires on the date the reciprocal license is
issued or denied. 

Sec.  6.10.  WAIVER OF REQUIREMENTS.  Authorizes the board to waive any of
the requirements by a two-thirds vote of the entire board, except for the
payment of a required fee.  Requires the waived requirements to be
recorded. 

Sec.  6.11.  CONFIDENTIALITY OF CERTAIN INFORMATION.  Establishes the
confidentiality of certain information regarding an applicant for
licensure.   

 Sec.  6.12.  ISSUANCE OF LICENSE.  Requires the board to issue a license
to an applicant who meets this Act's requirements and who pays the
applicable fee.  Sets forth requirements for the license.  Provides that
the issuance of a license is prima facie evidence that the licensee is
entitled to certain rights during the term of the license. 

Sec.  6.13.  LICENSE DURATION; EXPIRATION.  Provides that a license is
valid for a period not to exceed three years and expires according to a
schedule established by board rule.  Specifies that the license is invalid
upon expiration, and is prohibited from renewal. 

Sec.  6.14.  SEAL.  Requires the licensee to obtain a board established
seal.  Sets forth requirements for certain records which are prepared or
issued by a licensee.   

Sec.  6.15.  REPLACEMENT OF LOST, DESTROYED, OR MUTILATED LICENSE. Requires
the board to issue a new license to replace a license, under certain
conditions, subject to rules and fees adopted by the board. 

SUBCHAPTER G.  LICENSE RENEWAL

Sec.  7.01.  LICENSE RENEWAL.  Requires the board to notify a license
holder of certain issues within the 60th day before the expiration of the
license.  Requires the board to renew the license of a license holder who
takes certain actions within a certain deadline.  Authorizes the board, by
rule, to establish conditions and fees for the reissuance of a lapsed,
expired, suspended, or revoked license. 

Sec.  7.02.  CONTINUING PROFESSIONAL EDUCATION.  Authorizes the board to
require certain continuing professional education requirements. 

SUBCHAPTER H.  PUBLIC PRACTICE OF THE GEOSCIENCES

Sec.  8.01.  PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR CORPORATION.
Sets forth conditions for a firm or corporation to engage in the public
practice of the geosciences.  Authorizes the board to adopt rules relating
to the practice of geosciences by a firm or corporation.  Sets forth
requirements for such rules.  Exempts a firm that engages in the practice
of both engineering an geoscience from any firm registration requirements
created under this subsection.  Prohibits an individual, firm, or
corporation from taking certain action which requires a signature or seal
of a licensee. 

SUBCHAPTER I.  LICENSE DENIAL AND DISCIPLINARY ACTIONS AND PROCEDURE

Sec.  9.01.  DENIAL OF LICENSE.  Authorizes the board to deny licensure
under certain conditions including:  failure to satisfy a requirement,
violation of this Act, and an alleged violation in another state.
Prohibits the board from issuing a license pending the disposition of a
complaint in this or another state, if the board is aware of such an
allegation.  Requires the board to notify a denied applicant in writing 30
days after the decision and sets forth provisions for a hearing.  Provides
that the board's action is final in the absence of a hearing request. 

Sec. 9.02.  GROUNDS FOR DISCIPLINARY ACTION.  Authorizes the board to
impose appropriate sanctions for certain actions.   

Sec.  9.03.  DISCIPLINARY ACTIONS.  Sets forth disciplinary actions the
board is authorized to take.  Prohibits the board from imposing a sanction
for a ground described by Section 9.02(8) that exceeds in severity or
duration the sanction on which the board's action is based. 

 Sec. 9.04.  RIGHT TO HEARING.  Entitles a certain person to a hearing.

Sec.  9.05.  REINSTATEMENT.  Sets forth required procedures for the
reinstatement of a license.  Authorizes the board to set forth certain
requirements as a condition for license  reinstatement. 

SUBCHAPTER J. ADMINISTRATIVE PENALTY

Sec.  10.01.  IMPOSITION OF PENALTY.  Authorizes the board to impose an
administrative penalty against a person who violates this Act or a rule or
order adopted under this Act.   

Sec.  10.02.  AMOUNT OF PENALTY.  Authorizes the board to include certain
costs in the penalty.  Prohibits the penalty from exceeding $3,000 for each
violation.  Specifies that each day a violation continues constitutes a
separate violation.  Sets forth issues the amount of penalty is required to
be based on. 

Sec.  10.03.  PROCEDURAL RULES.  Requires the board to adopt rules of
procedure for the imposition of an administrative penalty.  Requires such
rules to conform to the requirements of Chapter 2001, Government Code. 

Sec.  10.04.  OPTIONS FOLLOWING FINAL ORDER:  PAY OR APPEAL.  Requires the
person to take certain actions by the 30th day after the board's order
becomes final. Authorizes the person who acts under Subsection (a)(3) to
take certain actions within the 30day period.  Authorizes the executive
director  to file a contest to the affidavit, under certain conditions.
Requires the court to hold a hearing, and stay the enforcement of a
penalty, while finding that the alleged facts are true.  Provides that the
affidavit filer has the burden of proving that the person is financially
unable to pay the penalty and to give a supercedeas bond. 

Sec.  10.05.  COLLECTION OF PENALTY.  Authorizes the executive director to
refer the matter of penalty collection to the attorney general, under
certain conditions. 

Sec.  10.06.  STANDARD OF JUDICIAL REVIEW.  Provides that the board's order
is subject to judicial review under the substantial evidence rule. 

Sec.  10.07. REMITTANCE OF PENALTY AND INTEREST.  Authorizes the court to
order payment of a penalty, or order that no penalty is owed.  Requires the
court to take certain actions after the judgment becomes final, under
certain conditions.  Sets forth provisions for the interest paid under
Subsection (b)(1).  

SUBCHAPTER K.  CRIMINAL PENALTY

Sec.  11.01.  CRIMINAL PENALTY.  Creates Class A misdemeanor offenses that
a person can commit. 

SUBCHAPTER L.  OTHER ENFORCEMENT PROVISIONS

Sec.  12.01.  INJUNCTION.  Authorizes the board to seek an injunction
against violations of this Act or a rule adopted under this Act. 

SUBCHAPTER M.  TRANSITION

Sec.  13.01.  TRANSITION.  Sets forth provisions allowing licensure without
a written examination provided that the application is made before
September 1, 2000.  Provides that an initial member of the board who is
required to be a licensed geoscientist must be qualified for licensure
under Subsection (a) of this section.  Authorizes the governor to make
initial board appointments before November 1, 1999, and sets forth
provisions for the terms of these appointments.  Requires the board to hold
its first meeting before January 1, 2000, and adopt rules under this Act
before November 30, 2000.  Specifies that a person is not required to
obtain a license under this Act until January 1, 2001. 

SECTION 1.  Effective date:  September 1, 1999, except that Section 6.01
and Subchapters J and  K, Texas Geoscience Practice Act, take effect
January 1, 2001. 

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to provide that this Act regulates professional
geoscientists, rather than geologists, geophysicists, and soil scientists,
and provides penalties, rather than an administrative and a criminal
penalty. 

SECTIONS 1-45.

Deletes SECTIONS 1-45, and replaces them with SECTIONS 1-3, which reformat
and streamline the Texas Geoscience Practice Act.